A Guide for Employers during COVID-19
This free guide sets out the key employment law issues to consider, as well as the government’s financial relief options to explore, to get through this ongoing pandemic. (Last Updated January 4, 2022)
Should you need legal advice specific to your workplace, please get in touch to learn more
Why Employment Contracts are Good
Our readers are probably sick of hearing us go on about employment contracts, but we will never stop recommending them!
An employment contract gives both employers and employees certainty about their entitlements both with respect to compensation and also on exit.
Whether terms are written down or not, employment relationships will be governed by various terms. In the absence of a contract, courts read in implied terms of employment from the common law. It’s better to get those terms written down so you actually know what they are and don’t have to wait for a judge to tell you!
Continue Reading Why you should update your employment contracts and why January is a good time to do so
Are your Employment Contracts Up-to-Date for 2022? Not sure where to begin?
Get a copy of our FREE Employee Contract Checklist
The checklist outlines affordable DIY contract options for small employers:
Overview
In Hucsko v. A.O. Smith Enterprises Limited, 2021 ONCA 728, the Ontario Court of Appeal (ONCA) overturned the lower Court’s decision that found an employee had been wrongfully dismissed in relation to sexual harassment allegations and was awarded 20 months’ notice. In its reversal, the ONCA held that the employee had failed to fulfill remedial steps required by his employer; that he did in fact sexually harass his coworker; and that his for-cause termination was justified.
Background
A senior, 20-year employee made several comments to his younger, female coworker on several occasions, including the following:
Continue Reading ONCA upholds employer for-cause termination for sexual harassment
A Guide for Employers during COVID-19
This free guide sets out the key employment law issues to consider, as well as the government’s financial relief options to explore, to get through this ongoing pandemic. (Last Updated December 10, 2021)
Should you need legal advice specific to your workplace, please get in touch to learn more
In our recent blog, we talked about Ontario’s Bill 27, Working for Workers Act, 2021, which proposed new changes to several pieces of legislation, most notably the Employment Standards Act, 2000. On November 30, 2021, Bill 27 passed third reading and on December 2, 2021, it received royal assent, making it now law. In this post, we will highlight some of the key changes.
Non-Compete Agreements are Prohibited
Under Bill 27, employers are prohibited from entering into employment contracts or other agreements with employees that is or includes a non-compete agreement. Employers will be pleased to know that there is an exception for executives; these employees may still enter into non-compete agreements with employers.
Executives are defined as “any person who holds the office of chief executive officer, president, chief administrative officer, chief operating officer, chief financial officer, chief information officer, chief legal officer, chief human resources officer or chief corporate development officer, or holds any other chief executive position”.
Continue Reading An Update on Bill 27, Working for Workers Act, 2021
As we wrap up 2021, and 21 months of navigating the Covid-19 pandemic, we want to set you up for success in the new year!
Join us as we give you our tips on how to avoid making the top 5 employment law mistakes in 2022!
Date: Wednesday, December 15, 2021
Time: 10:30-11:00 am EST
Register: Click here!Continue Reading Free webinar: The Top 5 Employment Law Mistakes to Avoid in 2022
Likely you’ve noticed that the holiday season is upon us! Often around this time of year, we’ve written a blog post about holiday office parties. Usually, these have revolved around topics like social host liability, drinking and sexual harassment. This year, many workplaces are eager to get the gang back together in person and have the additional consideration of COVID-19! What to do?!
Where to Party?
An easy option, which will allow employers to avoid having to reinvent the wheel, will be to have the holiday party at a restaurant. Restaurants know the local public health rules and you won’t have to ruin the night for your HR person by requiring them to be the mask police all night. Proof of vaccination is required to dine indoors in most jurisdictions and the restaurant will have a set-up for contract tracing and vaccination checks.
Continue Reading Time to Party IRL?
Background
In a recent decision, EN v Gallagher’s Bar and Lounge, 2021 HRTO 240 (CanLII), the Human Rights Tribunal of Ontario (the “HRTO”) found that an employer discriminated against three of his employees based on their gender identities, gender expressions, and sex by subjecting them to trans-and homophobic language, intentional outing, and by misgendering them through his refusal to use their preferred pronouns.
The three Applicants, referred to as EN, JR, and FH, were kitchen employees at a restaurant managed by its owner, Jamie Gallagher; each identified as either gender queer or non-binary, using the chosen pronouns ”they/them.” They openly requested to be addressed with these pronouns.
Continue Reading HRTO: Employer Liability for Proper Pronoun Use
This month has seen arbitral treatment of two mandatory vaccination policies in the context of unionized workplaces. In a grievance brought by the United Food and Commercial Workers Union, Canada, Local 333 against employer Paragon Protection Ltd., the arbitrator found that the employer’s vaccination policy was reasonable. In a grievance brought by the Power Workers’ Union (the “PWU”) against employer Electrical Safety Authority, the arbitrator found that it was not.
Paragon Protection’s Vaccination Policy
Paragon Protection Ltd. provides security services and employs 4,400 unionized security guards to hundreds of client sites across Ontario. Many of these client sites had vaccination requirements. Paragon gave its employees approximately two months notice that they would be requiring them to be fully vaccinated against COVID-19. Employees would report their vaccination status by way of a declaration. The policy allowed exemptions for human rights reasons on the basis of creed/religion and health.
Continue Reading Arbitration Decisions on Mandatory Vaccination Policies